Law Summary

Explanatory Note

• Legal Principle: The document establishes rules and regulations concerning administrative sexual harassment within the Department of Foreign Affairs (DFA), emphasizing the violation of individual dignity and the need for a safe work environment.
• Key Legislation: It references Republic Act No. 7877, the Anti-Sexual Harassment Act of 1995, which delineates unlawful sexual harassment and outlines administrative, civil, and criminal liabilities for violations.
• Employer Obligations: Employers must create procedures for investigating sexual harassment cases.

RULE I: General Provisions

• Title: These rules are known as the Rules and Regulations on Administrative Sexual Harassment Cases.
• Coverage: Applies to all DFA personnel, including those in various employment statuses and positions, and includes attached agencies.
• Key Definitions:
  • Department: Department of Foreign Affairs
  • President: President of the Philippines
  • Secretary: Secretary of Foreign Affairs
  • CODI: Committee on Decorum and Investigation
• Filing Procedures: Complaints can be filed through various means, with stipulated timelines for responses.

RULE II: Definition of Administrative Sexual Harassment

• Definition: Administrative sexual harassment includes unwelcome sexual advances and behavior in a work-related or educational environment.
• Conditions:
  • Acts must affect employment decisions or create a hostile work environment.
  • Applies in various settings, including official functions and communications.

RULE III: Forms of Administrative Sexual Harassment

• Illustrative Forms:
  • Physical: Malicious touching, overt sexual advances.
  • Verbal: Requests or demands for sexual favors, lewd remarks.
  • Visual: Use of sexual materials or images.

RULE IV: Persons Liable for Administrative Sexual Harassment

• Liability: All personnel can be held accountable if they participate in or enable acts of sexual harassment.

RULE V: Committee on Decorum and Investigation (CODI)

• Function: The CODI is responsible for receiving complaints, conducting investigations, and making recommendations.
• Composition: Includes various representatives and must be free from conflicts of interest.

RULE VI: Pre-Filing Standard Operating Procedures

• Assistance for Victims: Mechanisms for counseling and support before formal complaints are lodged.

RULE VII: Standard Procedural Requirements

• Complaint Filing: Must be in written form, signed, and sworn.
• Timelines:
  • Complaints must be addressed within specific periods (e.g., CODI must act within three days of receiving a complaint).
• Withdrawal of Complaints: Withdrawal does not prevent the CODI from investigating.

RULE VIII: Remedies

• Motion for Reconsideration: Parties can file motions within 15 days from the decision, based on specific grounds.

RULE IX: Classification of Acts of Administrative Sexual Harassment

• Classification of Offenses:
  • Grave Offenses: Include sexual assault and coercive demands for sexual favors.
  • Less Grave Offenses: Include unwanted touching and derogatory remarks.
  • Light Offenses: Include lewd jokes and unwelcome sexual advances.

RULE X: Administrative Liabilities

• Neglect of Duty: Officials who fail to act on complaints may face penalties.
• Penalties: Range from reprimands for light offenses to dismissal for grave offenses.

RULE XI: Duty of OPAS, GAD, and the Foreign Service Institute

• Education Programs: Required to develop training to combat sexual harassment and ensure proper procedures are followed.

RULE XII: Forum Shopping

• Prohibition: The filing of complaints under this order precludes filing under other laws for the same facts.

RULE XIII: Prescription

• Time Limit: Administrative sexual harassment complaints must be filed within three years of the act.

RULE XIV: Repealing Clause

• Inconsistencies: Any conflicting rules or regulations are repealed.

RULE XV: Effectivity Clause

• Effective Date: The rules take effect 15 days after publication.

Key Takeaways

• The DFA establishes comprehensive rules addressing administrative sexual harassment.
• All personnel are responsible for understanding and adhering to these rules.
• The CODI plays a crucial role in investigating complaints and enforcing regulations.
• Defined classifications of offenses guide penalties, which escalate based on the severity of the conduct.
• There are strict timelines and procedural requirements for filing and responding to complaints.